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Site from this Agreement as provided in Paragraph 1.6 or Paragraph 5.1 below. <br />1.5. Condition of Garden Sites. The City makes no representations or warranty <br />regarding the suitability of any Garden Site for gardening purposes, or the presence of <br />environmental, geologic, or other site conditions that may affect the use of any Garden Site for <br />gardening purposes. SSM agrees to determine the suitability of each Garden Site for gardening <br />purposes, and SSM agrees to accept each Garden Site in its present condition. <br />1.6. Compliance with Development Plan and Schedule. SSM agrees to use its best <br />efforts to develop each Garden Site in accordance with the development plan and schedule <br />approved by the City. At a minimum, the development plan shall provide for fencing and <br />controlled access at each Garden Site. SSM shall not begin any activities at a Garden Site until it <br />has obtained the written approval of the City of the development plan and schedule. Substantial <br />changes to the development plan for a Garden Site shall be subject to the written approval of the <br />City Manager of the City. These changes will not require amendment of this Agreement. SSM <br />may delete area from a Garden Site by providing written notice to the City with a map depicting <br />the area to be deleted. However, if the total area of the Garden Site is reduced by more than 80 <br />percent for more than 12 consecutive months, the City may delete the Garden Site from this <br />Agreement. Adding area to a Garden Site will require both parties to approve a map depicting <br />the area to be added. <br />Article 2. Use and Care of Garden Sites <br />2.1. Limitation to Gardening Purposes. SSM agrees to manage the Garden Sites to <br />allow area residents the use of garden plots for gardening purposes. SSM agrees to obtain the <br />written consent of the City for any other use of a Garden Site. It is understood and agreed that <br />neither the Garden Sites nor any adjacent amenities or areas will be deemed dedicated parkland <br />by virtue of this Agreement and that any such designation as parkland may arise only through a <br />process independent of this Agreement recognized under applicable laws and ordinances. <br />2.2. Risk of Loss. SSM accepts all risks of keeping, storing or maintaining any of <br />SSM's tools, equipment, supplies and other property within the Garden Sites. <br />2.3. Limitation on Activities. SSM agrees not to allow any activity to be conducted <br />at a Garden Site that is reasonably objectionable to persons on adjacent or nearby property, or <br />that which would disturb or endanger the public, or harm the Garden Site or adjacent property. <br />2.4. Maintenance. SSM agrees to oversee maintenance of the Garden Sites to ensure <br />the following: <br />A. The Garden Sites are free of trash, debris and other objectionable <br />materials; <br />B. Areas not in use for cultivation are kept in a neat, mowed condition; and <br />C. Laws, ordinances and regulations applicable to the Garden Sites and any <br />activities conducted thereon are complied with. <br />2.5. Condition Upon Termination. Upon any termination of this Agreement, or upon <br />deletion of a Garden Site from this Agreement, SSM agrees to ensure that the applicable Garden <br />Sites are left in good condition and to remove all of SSM's property. <br />2.6. Insurance. SSM agrees to maintain commercial general liability insurance with <br />2 <br />